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十八岁之前签署文件

订阅、手机套餐、健身房会员和应用条款。与未成年人签订的合同为何不同,以及为什么这不等于一切都不算数。

作者 Ian Massaro

Founder of KidsKnowRights7 分钟阅读

等待法律专业人士审阅

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。

Almost every young person signs contracts long before they think of themselves as someone who signs contracts. Tapping "I agree" on an app, starting a free trial, joining a gym, or getting a phone on a family plan are all agreements. The law treats agreements made by minors as a special case, and the rule is more interesting, and more limited, than the version that circulates in school hallways.

The general rule: voidable, not void

In most states, a contract signed by someone under eighteen is generally voidable by the minor. That means the minor can usually choose to cancel it, a step often called disaffirming. It does not mean the contract never existed, and it does not mean the other side can walk away — the adult party is normally still bound.

The purpose is protection: it exists so that young people are not permanently locked into agreements they were not in a strong position to evaluate. It is a shield, not a strategy.

The exceptions matter more than the rule

重要

The voidability rule has significant carve-outs, and they vary by state. Contracts for necessities — commonly food, shelter, basic medical care, and sometimes clothing — are typically enforceable, so that people will still provide those things to a young person. Many states also enforce contracts for education loans, certain banking arrangements, and enlistment.

Disaffirming is also not consequence-free. States differ on what a minor must return, and whether they owe anything for value already used. And if an adult co-signed, that adult is usually fully on the hook regardless of what the minor does. The practical version of this rule is: it may protect you from being trapped, and it will not protect the adult who signed with you.

Free trials, auto-renewal, and the cancel button

The most common money problem young people actually run into is not a dramatic contract; it is a subscription that renews. Federal and state consumer-protection rules generally require that recurring charges be disclosed clearly before you agree, and a number of states have specific automatic-renewal statutes requiring clear notice and a straightforward way to cancel.

The habit that prevents almost all of this: when you start a free trial, set a reminder for two days before it ends, and find the cancellation path immediately rather than when you need it. If a service makes cancelling genuinely difficult, that itself may be a consumer-protection issue worth reporting.

Your money from a job is usually yours

Wages earned by a working teenager generally belong to that teenager, and federal law requires that wages be paid — an employer cannot hold them because of the worker's age. Some states have rules about accounts for minors, and most banks require an adult co-owner on an account for someone under eighteen, which is a banking practice rather than a limit on who owns the money.

One narrow but important exception exists for child performers: several states have laws requiring a portion of a minor performer's earnings to be set aside in a protected trust account.

请记住

  • Contracts signed by minors are generally voidable by the minor, while the adult party usually stays bound.
  • Necessities, and in many states student loans and enlistment, are common exceptions that stay enforceable.
  • A co-signing adult is normally fully liable no matter what the minor does.
  • Find the cancellation path when you start a free trial, not when the charge appears.

资料来源

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。